Oschenreiter v. Block
South Dakota Supreme Court
'Appeal from Circuit Court, Day County. Hon. Ti-iomas L. Bouck, Judge. Action by D. G. Oschenreiter, against Ben Block, to recover upon a promissory note. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtGates, J.
Action upon a promissory note for $312.50, evecuted -May 23, 1916, to the order of himself, indorsed by him' and subsequently acquired by plaintiff. Defense: That it was procured by fraud, and that plaintiff was not a holder in due course. Verdict and judgment for defendant. Plaintiff appeals from the judgment and an order denying a new trial.
It appears from the evidence that the note was delivered to one McDonald for shares of. stock in the Dakota Underwriters’ Company then being promoted by him; that McDonald purchased an automobile from'. plaintiff, who was engaged in the automo*156bile…
2Cases cited6 opinions
- Landauer v. Sioux Falls Imp. Co.South Dakota Supreme Court · 1897
- Union Nat. Bank v. MaillouxSouth Dakota Supreme Court · 1911
- Mee v. CarlsonSouth Dakota Supreme Court · 1908
- Rochford v. BarrettSouth Dakota Supreme Court · 1908
- Kirby v. BerguinSouth Dakota Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jerke v. Delmont State BankSouth Dakota Supreme Court · 1929
- Gold Bros. Security Co. v. Fidelity Trust Co.South Dakota Supreme Court · 1923
- Orient State Bank v. ZemlickaSouth Dakota Supreme Court · 1926
- Jerke v. Delmont State BankSouth Dakota Supreme Court · 1927
- Commercial Credit Co. v. NissenSouth Dakota Supreme Court · 1930
3 more not listed; retrieve them via the Exa API.